OLD COLONY TRUST CO. v. STEPHENS


346 Mass. 94 (1963)

190 N.E.2d 110

OLD COLONY TRUST COMPANY, trustee, vs. BARBARA B. STEPHENS & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 7, 1963.


Attorney(s) appearing for the Case

Joseph R. Watkins stated the case.

Kendall L. Johnson for the respondent Barbara B. Stephens.

Philip B. Buzzell (Roy A. Hammer with him) for the respondents Edith Dodge Bird & another.

Monroe L. Inker, guardian ad litem, pro se.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


CUTTER, J.

This is a petition for instructions by the trustee under the will of Julius F. Ramsdell (the testator). The probate judge has reported the case without decision upon the pleadings and stipulated facts as a case stated.

The testator executed his will on December 5, 1905. He then had as his heirs presumptive his wife, two married daughters, and one unmarried daughter. A grandchild was then living. The somewhat...

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